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Patna High CourtCR. MISC./50811/2015dismissed

Randhir Kumar Singh @ Babloo Singh v. The State Of Bihar

2015-11-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50811 of 2015 Arising Out of PS.Case No. -250 Year- 2014 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Randhir Kumar Singh @ Babloo Singh S/o Rabindra Prasad Singh, Resident of village- Belsandi, P.S. Chakmehsi, District- Samastipur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

26-11-2015 Heard Sri Bijay Bhushan Prasad, learned counsel for the petitioner and Sri Shantanu Kumar, learned Addl. Public Prosecutor.

The petitioner, who is in custody in Sessions Trial No. 179 of 2015 (arising out of Warisnagar P.S. Case no. 250 of 2014) registered for the offence under Section 394 of the Indian Penal Code and subsequently sections 395 & 397 of the I.P.C. were also added, has prayed for grant of bail.

Learned counsel for the petitioner submits that F.I.R. was lodged against unknown and there was no material against him, however; due to previous enmity, the petitioner has been made accused in the present case. He submits that though, the petitioner was identified in T.I.Parade, but the T.I.P. was held

Patna High Court Cr.Misc. No.50811 of 2015 (3) dt.26-11-2015 2/2 about three months after arrest of the petitioner and as such, according to him, no reliance can be placed on such identification. He further submits that earlier he was made accused in number of cases, but in most of the cases, he was acquitted. Learned Addl. Public Prosecutor has opposed the prayer for bail. He submits that after thorough investigation, chargesheet was submitted and the case was committed to the court of sessions and thereafter, the charge under Sections 395 & 397 have already been framed and the case is at the stage of trial. Keeping in view the fact that trial has already commenced, there is no reason for granting bail to the petitioner. The petition stands dismissed.

Since the petitioner is in custody, while dismissing the present petition, it is observed that learned trial court may take steps so that trial may come to its logical end without unnecessary delay.

(Rakesh Kumar, J.) Anay U T